Human Transplantation (Wales) Act 2013
The main provisions of the Human Transplantation (Wales) Act 2013 (‘the Act’) are to:
- impose a duty on the Welsh Ministers to promote transplantation
- provide that certain activities done in Wales for the purpose of transplantation are lawful if done with consent;
- set out how consent is given to transplantation activities, including the circumstances in which consent is deemed to be given in the absence of express consent;
- make it an offence for transplantation activities to be done in Wales without consent;
- make amendments to the Human Tissue Act 2004, including in relation to a code of practice issued under that Act which—
- gives practical guidance to persons that do transplantation activities, and;
- lays down the standards expected in relation to doing those activities, including how consent is to be obtained.
The Explanatory Notes to the Act provide detailed commentary on the various provisions.
Coming into force:
Sections 1, 2, 21 and 22 came into force on 10 September 2013, which is the the day the Act received Royal Assent, in accordance with section 21(4).
The remaining provisions of the Act come into force when the Welsh Ministers make once or more orders, in accordance with section 21(1). The following Order has been made:
The Human Transplantation (Wales) Act 2013 (Commencement) Order 2015
Subordinate legislation made under the Act:
| Title | Citation number | Made date | Coming into force date | Supporting documents |
| The Human Transplantation (Excluded Relevant Material) (Wales) Regulations 2015 | 2015 No. 1775 (W. 247) | 7 October 2015 | 1 December 2015 | Explanatory Memorandum |
| The Human Transplantation (Persons who Lack Capacity to Consent) (Wales) Regulations 2015 | 2015 No. 1774 (W. 246) | 7 October 2015 | 1 December 2015 | Explanatory Memorandum |
| The Human Transplantation (Appointed Representatives) (Wales) Regulations 2015 | 2015 No. 1760 (W. 244) | 7 October 2015 | 1 December 2015 | Explanatory Memorandum |
The UK Government made this Order:
The Human Transplantation (Wales) Act 2013 (Consequential Provision) Order 2015
Consideration of the legislation by the Senedd
The Bill was introduced on 3 December 2012 by Lesley Griffiths MS, who was the Minister for Health and Social Services at the time. Following a change in ministerial portfolios in March 2013, the First Minister authorised Mark Drakeford AM, Minister for Health and Social Services, as the new Member in Charge of the Bill, from 18 March 2013.
The Bill was passed by Senedd Cymru (then known as National Assembly for Wales) on 2 July 2013.
More information about the Bill is available on the Senedd website including a record of the passage of the Bill through Senedd Cymru and the Explanatory Memorandum that was prepared by the Welsh Government (as revised after Stage 2).
The Act received Royal Assent on 10 September 2013.